The latest version of AcidBay’s Terms and Conditions are below.
Last change: October 29th 2018
1. Acceptance of AcidBay’s Terms and Conditions
Your access to and use of AcidBay and/or AcidBay’s systems (herein collectively “AcidBay” or “Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately unregister your account and stop using this website.
2. Credit card details
AcidBay will never ask for Credit Card details and request that you do not enter it on any of the forms on AcidBay. AcidBay does link up with various payment providers, including Paypal and Trialpay. AcidBay is not responsible for the maintenance and/or security of these services and you agree we are not liable and shall be held harmless in the event of any issues that may arise from using these services including but not limited to fraud, overdraft fees or other fees that may be incurred by using such services. We reserve the right to pass along to the client any fees that are incurred by using said services.
3. Right to Access
- AcidBay reserves the right to refuse service to anyone, for any reason, at the sole discretion of our administrative staff.
- It is your responsibility to insure your account security by using strong passwords and never sharing your login with anyone, for any reason. IPs found to be accessing multiple accounts will be banned without notice. You agree to limit yourself to 1 account per person in your household, up to a maximum of 3 accounts per internet connection, physical residence or IP address. Administrators may chose to wave this provision if given valid justification by the client. Please contact us if you have more than 3 players in your household to insure your accounts are not banned. You agree that should such a waver be granted all parts of this provision shall remain in full force.
- Accounts found to be in in violation of our policies at our sole discretion may be disabled and/or deleted at any time.
- Bots, scripts, exploits and/or any automated processes are strictly and implicitly prohibited.
- Should you be found to be using any systems to abuse, cheat, exploit or otherwise access AcidBay you may be held liable for any damages incurred by AcidBay including but not limited to bandwidth costs charged at a rate of $1.00 per megabyte with a 50 Megabyte / $50.00 minimum penalty and a maximum of 1 Gigabyte (1,024 MB) or $1,024 at our sole discretion.
- Purchasing content, currency, items, etc. grants you a non-transferable license to use that content during the course of game play. AcidBay may, at it’s sole discretion, revoke that license and remove content, currency, items, etc. from your account should a breach of our terms be found.
- The contents of AcidBay, whether posted by an administrator or user become the property of AcidBay and may be used for any purpose at our sole discretion.
- AcidBay makes every attempt to remove any copyrighted and/or infringing content uploaded by users but expressly and implicitly released any and all liability for said content including but not limited to violations of the Digital Millennium Copyright Act (DMCA) and/or any comparable policy, law or regulation regardless of jurisdiction and/or country of issuance.
- We will, however, cooperate fully with any valid legal request for information and/or content in regards to the identity of the uploader and will assist in prosecution if required by law.
- The contents of AcidBay website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
- The contents of user’s timelines, inboxes or other methods of communication remain the property of AcidBay.
- Any virtual currency or items issued by AcidBay systems remain the property of AcidBay.
5. Change of Use
AcidBay reserves the right to:
change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that AcidBay shall not be liable to you for any such change or removal and
change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is your responsibility to review these Terms of Conditions regularly to insure your compliance. Ignorance of these terms will not be accepted as a valid excuse for breaking them.
6. Links to Third Party Websites
- AcidBay Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
- Administrative staff may occasionally post links to valid game related content. Users may not use AcidBay to promote other games, networks or anything in direct or indirect competition with AcidBay.
- You may not post unsolicited links to any websites, anywhere on the website, game(s) or chat system. Doing so will be construed as spam and result in immediate account removal.
- All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to AcidBay or otherwise used by AcidBay as permitted by law.
- In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
8. Disclaimers and Limitation of Liability
- The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the extent permitted by law, AcidBay will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
- AcidBay makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of AcidBay for death or personal injury as a result of the negligence of AcidBay or that of its employees or agents.
- All sales are final. No refunds shall be issued for any reason. By making a purchase on this site, or through any of our 3rd party payment providers, you agree to this refund policy and implicitly wave your rights to any dispute process that may be offered by the payment processor.
- You acknowledge that you are purchasing intangible goods that can not be easily retracted or removed and as such are not subject to Paypal Buyer Protection.
10. Harassment, Cyber Stalking, Cyber Bullying
- Most laws expressly prohibits cyber stalking, cyber bulling and harassment. Any user found or suspected to be in violation of these laws and/or any other applicable laws, regulations and/or ordinances valid in the State of California will be reported to the appropriate authorities.
- At no time shall users post real life information on our network.
- Any user found to be posting personal information regarding another user with or without their consent may be banned, removed, and/or deleted at our sole discretion. Harassment is not tolerated on this network and we will cooperate fully with the appropriate authorities should we receive a legal request to do so. In extreme cases we may contact the authorities and turn over any and all information, logs or other data needed to prosecute the offender.
- AcidBay expressly waives any liability in regards to the offline or online safety of our users except where required by law.
- AcidBay is not responsible to mediate disputes that may arise between users other than as outline by this provision and this provision implicitly excludes any communication arising from player to player and/or group to group conflicts.
- AcidBay staff shall not intervene and/or assist in resolving player-to-player and/or group-to-group disputes.
- Any complaints or disputes about our services should be directed to AcidBay staff through official support systems only. We reserve the right to remove, edit, modify or otherwise alter any posted derogatory and/or potentially damaging statements, remarks or other communications regardless if the statements are true or false at our sole discretion. We will make every effort to resolve any disputes that may arise and are submitted through appropriate support systems only.
- Harassment of AcidBay employees, agents, shareholders or other associated parties shall not be tolerated and will be met with any and all resources at our disposal.
- Any user found to be posting personal information, including but not limited to real life information, pictures, and/or contact information in relation to or connected with AcidBay employees, agents, and/or shareholders will be removed and the offending user may be immediately removed from the network without notice.
11. Data collection
- You agree to indemnify and hold AcidBay and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against AcidBay arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
- By using this website you agree that should a dispute arise your sole recourse shall be mediation with our administrators and that any legal action brought against AcidBay shall be summarily dismissed and you shall be held liable for any and all legal fees resulting in or from any action taken therein. You agree that reasonable legal fees shall be no less than $500 per hour or the rate billed by our attorneys, whichever is greater.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14. Governing Law
These Terms and Conditions shall be governed by AcidBay and construed in accordance with the laws of the County of Garland in the State of Arkansas and you hereby submit to the exclusive jurisdiction of the Arkansas courts.